Commercial Promotion

Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle

Felony

5 years

$ 10,000

Sale or Delivery

Less than 1 oz

Misdemeanor

1 year

$ 2,000

1 oz - 1 lb

Felony

5 years

$ 10,000

1 - less than 5 lbs

Felony

10 years

$ 25,000

5 lbs or more

Felony

20 years

$ 50,000

Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle

Felony

5 years

$ 10,000

Cultivation

25 - 50 plants

Felony

5 years

$ 10,000

50 - less than 100 plants

Felony

10 years

$ 25,000

100 plants or more

Felony

20 years

$ 50,000

Less than 25 plants on another's property

Felony

10 years

$ 25,000

25 plants or more on another's property

Felony

20 years

$ 50,000

In a structure where a minor under 16 years is present carries additional penalty

Paraphernalia

Use, possession or sale of paraphernalia

Felony

5 years

$ 10,000

Delivery to a minor at least 3 years junior

Felony

10 years

$ 25,000

Forfeiture

Vehicles and other property may be seized.

Hash & Concentrates

Possession

Less than 1/8 oz

Misdemeanor

1 year

$ 2,000

1/8 - less than 1 oz

Felony

10 years

$ 25,000

1 oz or more

Felony

20 years

$ 50,000

Distribution

Less than 1/8 oz

Felony

10 years

$ 25,000

1/8 oz or more

Felony

20 years

$ 50,000

Miscellaneous

Promoting through a minor

Felony

10 years

$ 25,000

Within school grounds, school vehicles, or a public park

Felony

20 years

$ 50,000

Discovery of marijuana in a vehicle may result in each occupant being charged with possession.

Penalty Details

Marijuana is a Schedule I hallucinogenic substance under the Hawaii Uniform Controlled Substances Act. It is also listed as a detrimental drug.

See

Hawaii Rev. Stat. § 329-14(d)(20)

Hawaii Rev. Stat. § 712-1240

Possession for Personal Use

Possession of less than 1 ounce of marijuana is a petty misdemeanor punishable by up to 30 days imprisonment and/or a fine of $1,000. Possession of 1 ounce or more but less than 1 pound is a misdemeanor punishable by up to 1 year imprisonment and/or a $2,000 fine. Possession of 1 pound or more, of marijuana is a Class C felony punishable by up to 5 years imprisonment and/or a fine of up to $10,000.

See

Hawaii Rev. Stat. § 706-663

Hawaii Rev. Stat. § 706-640

Hawaii Rev. Stat. §§ 712-1247 to 1249

Discovery of marijuana in a vehicle may result in each occupant being charged with possession unless the marijuana was found on an occupant's person or was in a compartment accessible only by occupants of that seat.

See:

Hawaii Rev. Stat. § 712-1251

Possession with Intent to Distribute

Possession of 1 pound or more but less than 2 pounds is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Possession of 2 pounds or more but less than 25 pounds is a class B felony punishable by up to 10 years in prison and/or $25,000 fine. Possession of 25 pounds or more is a class A felony punishable by 20 years in prison and/or $50,000 fine.

See

Hawaii Rev. Stat. § 706-640

Hawaii Rev. Stat. §§ 706-659 to 660

Hawaii Rev. Stat. § 712-1247

Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5

Possession with intent to distribute any amount of marijuana within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle is a class C felony punishable by up to 5 years in prison and/or $10,000 fine.

See

Hawaii Rev. Stat. § 706-640

Hawaii Rev. Stat. § 706-660

Hawaii Rev. Stat. § 712-1249.6

Sale/Delivery

Distribution of less than 1 ounce of marijuana is a misdemeanor punishable by up to 1 year imprisonment and/or a $2,000 fine. Distribution of 1 ounce or more but less than 1 pound is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Distribution of 1 pound or more but less than 5 pounds is a class B felony punishable by 10 years in prison and a $25,000 fine. Distribution of 5 pounds or more of marijuana is a class A felony punishable by 20 years in prison and a $50,000 fine.

See

Hawaii Rev. Stat. § 706-640

Hawaii Rev. Stat. §§ 706-659 to 660

Hawaii Rev. Stat. §§ 712-1247 to 1248

Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5

Distribution any amount of marijuana within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle is a class C felony punishable by up to 5 years in prison and/or $10,000 fine.

See

Hawaii Rev. Stat. § 706-640

Hawaii Rev. Stat. § 706-660

Hawaii Rev. Stat. § 712-1249.6

Cultivation

Cultivation of 25 or more but less than 50 marijuana plants is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Cultivation of 50 or more but less than 100 plants is a class B felony punishable by 10 years in prison and/or $25,000 fine. Cultivation of 100 or more marijuana plants is a class A felony punishable by 20 years in prison and/or $50,000 fine.

See

Hawaii Rev. Stat. § 706-640

Hawaii Rev. Stat. §§ 706-659 to 660

Hawaii Rev. Stat. § 712-1247

Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5

Cultivation of less than 25 marijuana plants on another's property without their permission is a class B felony punishable by 10 years in prison and/or $25,000 fine. Cultivation of 25 or more plants on another's property without their permission is a class A felony punishable by 20 years in prison and/or $50,000 fine.

See

Hawaii Rev. Stat. § 706-640

Hawaii Rev. Stat. §§ 706-659 to 660

Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5

Cultivation in a structure where the individual knows a person under the age of 16 years old is present results in an additional 2 years imprisonment on top of the sentence for cultivation. However, if the cultivation occurred in a structure where an individual 18 years old or younger was present and the cultivation causes substantial bodily injury to the minor, then the additional imprisonment will be a term of 5 years.

See

Hawaii Rev. Stat. § 712-1240.5

Hash & Concentrates

All Marijuana, including Marijuana Concentrates, is classfied as Schedule I under Hawaii law. Marijuana Concentrates are classified as a "harmful drug". Under Hawaiian law, hashish, tetrahydrocannabinol, and any other salt, alkaloid, mixture, compound or derivative of marijuana qualifies as a Marijuana Concentrate. Cases applying this statute have determined that Marijuana Concentrates charges should only be brought when the compound in question contains THC but does not have the outward appearance of any part of the Marijuana plant. Case law has also confirmed that there is no minimum threshold of THC content required to classify a compound as a Concentrate, even if the THC content of the compound is less than the average for plant Marijuana.

Promoting a Harmful Drug 1st Degree

Class A Felony, up to 20 years imprisonment and a fine not exceeding $50,000

Possession of 1 ounce or more of Marijuana Concentrates or

Distribution of 1/8 ounce or more of Marijuana Concentrates or

Distribution of Marijuana Concentrates to a minor in any amount

Promoting a Harmful Drug 2nd Degree

Class B Felony, up to 10 years imprisonment and a fine not exceeding $25,000

Possession of 1/8 ounce or more of Marijuana Concentrates or

Distribution of any amount of Marijuana Concentrates

Promoting a Harmful Drug 4th Degree

Misdemeanor, up to 1 year imprisonment and a fine not exceeding $2000

Possession of any amount of Marijuana concentrates

See

Hawaii Rev. Stat §§ 712-1240, 1244, 1245, & 1246.5

Hawaii Rev. Stat § 706-640

Hawaii Rev. Stat § 706-659

Hawaii Rev. Stat § 706-660

Hawaii Rev. Stat § 706-663

State v. Choy, 661 P.2d 1206 (Haw. Int. Ct. App. 1983).

Paraphernalia

Use or possession of paraphernalia is a class C felony punishable by up to 5 years in prison and/or a $10,000 fine. Sale or manufacture of paraphernalia is also a class C felony. Delivery of paraphernalia by a person 18 years or older to a minor at least 3 years their junior is a class B felony punishable by up to 10 years imprisonment and/or a $25,000 fine.

See

Hawaii Rev. Stat. § 329-43.5

Sentencing

First time offenders who have plead or been found guilty of certain possession or distribution charges are eligible for suspended judgment and probation. Upon completion of the terms of the probation, the court shall discharge the offender and dismiss the proceedings against him. There may only be 1 discharge and dismissal for each person. Additionally, first time offenders for paraphernalia or possession charges are eligible for probation if they are non-violent, in need of substance abuse treatment, and have submitted a proposal to the court for treatment.

See

Hawaii Rev. Stat. § 712-1255

Hawaii Rev. Stat. § 706-622.5

Terms of imprisonment for felonies may increase if the offender has prior felony convictions or other conditions are met.

See

Hawaii Rev. Stat. § 706-662

Forfeiture

Vehicles and other property may be seized for controlled substance violations. Seizures of property may be made on probable cause that they are subject to forfeiture or by the rules of civil procedure. The seizing agency has 20 days to give notice to all parties who have an interest in the property. They have 30 days to notify the prosecuting attorney, who has 45 days to initiate the forfeiture proceedings. A prosecuting attorney may instead file administrative forfeiture proceedings.

See

Hawaii Rev. Stat. § 329-55

Hawaii Rev. Stat. § 712A

Miscellaneous

Promoting a controlled substance through a minor

Any person who uses an individual under the age of 18 to facilitate the distribution of a controlled substance is guilty of a class B felony punishable by B felony punishable by 10 years in prison and/or $25,000 fine, unless the offense occurred on or within school grounds, school vehicles, or a public park, in which case it is a class A felony punishable by 20 years in prison and/or $50,000 fine.

See

Hawaii Rev. Stat. § 706-640

Hawaii Rev. Stat. §§ 706-659 to 660

Hawaii Rev. Stat. § 712-1249.7

Possession in a motor vehicle

Discovery of marijuana in a vehicle may result in each occupant being charged with possession unless the marijuana was found on an occupant person or was in a compartment accessible only by occupants of that seat.

See

Hawaii Rev. Stat. § 712-1251

Driver's license of commercial driver

Shall revoke the license of a commercial driver if convicted of the unlawful transportation, possession, or use of a controlled substance while on duty.

See:

Hawaii Rev. Stat. §286-240(6)

Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see: Medical Use.